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Calcutta High CourtWPA/3265/2023disposed

Gopal Samanta And ORS v. State Of West Bengal And ORS.

2023-04-05Hon'Ble Justice Rajasekhar Mantha3 pages

05-04-2023 ct no. 13 sl. 23 pk WPA 3265 of 2023 Sri Gopal Samanta and others -VersusThe State of West Bengal & Ors.

Mr. Raghunath Das, Ms. Monalisa Das ...for the petitioners Mr. Ashim Kumar Ganguly, Mr. Bellal Shaikh ...for the State The writ petitioners complain of alleged inaction by the Panchla Police Station, Howrah in respect of their complaint of cheating and forgery by the private respondents.

It is submitted that the private respondents have forged documents of identity of their deceased father and uncle and claim that the deceased persons have conveyed the property in their favour. The petitioner has filed T. S. No. 40 of 2022 which is pending before the learned Civil Judge(Junior Division), First Court at Howrah. There is also Misc. Appeal No. 14 of 2022 which is also pending before the learned Additional District Judge, Fast Track Court-I at Howrah where a prayer for interim injunction is pending consideration.

Panchla Police has registered FIR No. 356 of dated 30.10.2022 under Sections 420/406/417/465/468/470/471/120B of the IPC.

The DSR-II, Howrah has been addressed by the I. O. seeking particulars in respect of the title deeds. Certified copies of the said deeds have been applied for by the I. O. Several raids have been held by the I. O. to nab the accused persons. They are absconding.

In the above circumstances, this Court directs the Panchla Police Station to apply for proclamation and attachment to enforce the attendance of the accused persons in the investigation.

Investigation shall be appropriately expedited by the concerned Police Station. Attempts shall be made to complete the same within three months from date. The Police shall also ensure that the petitioners are not in any way disturbed by the private respondents and shall ensure that there is no breach of peace in the property-in-question. The report of the Panchla Police Station is taken on record.

The writ petition is disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)